| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-70430
|
Northwest Environmental Defense Center v. Bonneville Power Administration
Bonneville Power Administration's decision to transfer functions of Fish Passage Center to other entities is deemed arbitrary and capricious. |
Environmental Law |
|
Feb. 16, 2007 | |
|
03-36032
|
Hale v. Norton
National Park Service acted reasonably in requiring environmental assessment pursuant to National Environmental Policy Act. |
Environmental Law |
|
Feb. 9, 2007 | |
|
C050289
|
California Farm Bureau Federation v. California State Water Resources Control Board
Regulatory fees imposed on water right permit holders may not exceed reasonable cost of providing services or contractor's contractual interest in another's permit. |
Environmental Law |
|
Feb. 2, 2007 | |
|
C050811
|
Concerned McCloud Citizens v. McCloud Community Services District (Nestle Waters North America)
Local government agency's approval of agreement with water bottling company did not constitute 'approval' of project within meaning of CEQA. |
Environmental Law |
|
Feb. 2, 2007 | |
|
A113289
|
Eureka Citizens for Responsible Government v. City of Eureka (Eureka Church of the Nazarene)
Arguments of opponents to school playground fail where environmental impact report was deemed adequate. |
Environmental Law |
|
Feb. 2, 2007 | |
|
H028813
|
McAllister v. County of Monterey (Laube)
Party's claim that county failed to comply with CEQA fails where determinations were superseded by coastal commission's environmental review. |
Environmental Law |
|
Feb. 1, 2007 | |
|
S132972
|
Vineyard Area Citizens for Responsible Growth Inc. v. City of Rancho Cordova (Sunrise Douglas Property Owners Association)
Environmental impact report prepared for proposed development project failed to disclose impacts of providing long-term water supplies. |
Environmental Law |
|
Feb. 1, 2007 | |
|
04-16563
|
Center for Biological Diversity v. Kempthorne
Under ESA, Wildlife Service's 'warranted but precluded' finding had to be published with evaluation of data upon which decision was based. |
Environmental Law |
|
Jan. 31, 2007 | |
|
C044653
|
Vineyard Area Citizens for Responsible Growth Inc. v. City of Rancho Cordova (Sunrise Douglas Property Owners Association)
Under California Environmental Quality Act, lack of fair statement of facts forfeits evidentiary claims. |
Environmental Law |
|
Jan. 31, 2007 | |
|
03-71439
|
Defenders of Wildlife v. EPA
EPA has authority to consider impact on endangered species when deciding whether to transfer water pollution permitting authority to state government. |
Environmental Law |
|
Jan. 29, 2007 | |
|
D046360
|
Banker's Hill, Hillcrest, Park West Community Preservation Group v. City of San Diego (Mi Arbolito)
San Diego correctly determined that development of 14-story residential building is exempt from CEQA under urban in-fill development exemption. |
Environmental Law |
|
Jan. 29, 2007 | |
|
06-109
|
Opinion of Lockyer
Fish and Game Commission may not prohibit person employed by association of common interest development from using pellet guns to kill rabbits. |
Environmental Law |
|
Jan. 12, 2007 | |
|
05-73064
|
California Sportfishing Protection Alliance v. FERC
Endangered Species Act imposes no duty to consult about activities conducted by private party pursuant to previously issues, valid license from FERC. |
Environmental Law |
|
Jan. 11, 2007 | |
|
B184034
|
County of Los Angeles v. California State Water Resources Control Board
Permit issued by California Regional Water Quality Control Board is subject to California Environmental Quality Act review. |
Environmental Law |
|
Jan. 11, 2007 | |
|
A111278
|
American Canyon Community United for Responsible Growth v. City of American Canyon (Lake Street Ventures LLC)
Where proposed changes to development project created significant environmental effects, supplemental environmental review was necessary. |
Environmental Law |
|
Dec. 20, 2006 | |
|
06-35662
|
Wildwest Institute v. Bull
District court did not abuse its discretion in denying preliminary injunction against U.S. Forest Service's implementation of fuel reduction project. |
Environmental Law |
|
Dec. 20, 2006 | |
|
C049364
|
Western Placer Citizens for an Agricultural and Rural Environment v. County of Placer (Teichert Inc.)
Trial court erred in imposing procedural requirement beyond that expressly stated in California Environmental Quality Act. |
Environmental Law |
|
Dec. 12, 2006 | |
|
D046112
|
Divers' Environmental Conservation Organization v. State Water Resources Control Board (U.S. Dept. of the Navy)
Challenge of discharge permit fails where numeric analysis of pollutants in storm water discharges is not required. |
Environmental Law |
|
Dec. 11, 2006 | |
|
05-35245
|
Oregon Natural Resources Council v. U.S. Bureau of Land Management
Claim challenging EA issued for completed logging project is not moot because under NEPA, EA must address post-logging concerns. |
Environmental Law |
|
Dec. 7, 2006 | |
|
F047094
|
Turlock Irrigation District v. Zanker
Water districts must provide water to town but reasonable cost of treating water for domestic use may be passed to consumers. |
Environmental Law |
|
Nov. 28, 2006 | |
|
C049525
|
Save Our Neighborhood v. Lishman (Mackay)
City violated California Environmental Quality Act when it failed to use independent environmental review in approving construction project. |
Environmental Law |
|
Nov. 28, 2006 | |
|
H028539
|
Gilroy Citizens for Responsible Planning v. City of Gilroy (Wal-Mart Stores Inc.)
Record as whole supports finding that city complied with notice requirements of CEQA and that city provided responses to comments. |
Environmental Law |
|
Nov. 27, 2006 | |
|
A104828
|
Environmental Protection Information Center v. California Dept. of Forestry and Fire Protection (Pacific Lumber Co.)
Trial court's grant of peremptory writ of mandate commanding state agencies to set aside their administrative determinations cannot be upheld. |
Environmental Law |
|
Nov. 17, 2006 | |
|
04-15746
|
Pit River Tribe v. U.S. Forest Service
Federal agencies did not adequately review environmental consequences of lease extensions in Medicine Lake Highlands, lands deemed sacred by Pit River Tribe. |
Environmental Law |
|
Nov. 9, 2006 | |
|
A105421
|
Joy Road Area Forest and Watershed Association v. California Dept. of Forestry & Fire Protection (Harmony Forest & Land Co.)
Dept. of Forestry erred when it failed to comply with CEQA's notice requirements after adding new information to timber harvest plan. |
Environmental Law |
|
Nov. 6, 2006 | |
|
C049919
|
California Farm Bureau Federation v. California Wildlife Conservation Board (Traynham)
State agencies fail to meet burden of establishing that project is exempt from California Environmental Quality Act. |
Environmental Law |
|
Nov. 5, 2006 | |
|
C049527
|
Environmental Council of Sacramento v. City of Sacramento
City fully accounted for environmental consequences of habitat conservation plan protecting species of hawk and snake. |
Environmental Law |
|
Nov. 2, 2006 | |
|
05-16975
|
Earth Island Institute v. Ruthenbeck
Invalidation of statute that categorically exempts from appeal certain U.S. Forest Service actions is proper. |
Environmental Law |
|
Nov. 1, 2006 | |
|
04-15442
|
Northern California River Watch v. City of Healdsburg
Because rock quarry pit and its wetlands possess 'significant nexus' to waters that are navigable, it is subject to Clean Water Act. |
Environmental Law |
|
Nov. 1, 2006 | |
|
05-35806
|
Northwest Environmental Advocates v. National Marine Fisheries Service
Evidence supports finding that Army Corps of Engineers took requisite 'hard look' at environmental and economic factors of proposed Columbia River project. |
Environmental Law |
|
Oct. 26, 2006 |